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Wyoming Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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Wyoming law specifically excludes independent contractors from coverage under the workers' compensation statute (WY Stat. Sec. 27-14-102). "Independent contractor" means an individual who performs services for another individual or entity and:
• Is free from control or direction over the details of the performance of services by contract and by fact;
• Represents his or her services to the public as a self-employed individual or an independent contractor; and
• May substitute another person to perform his or her services.
Under Wyoming law, an individual who performs service for wages is an employee for purposes of unemployment compensation coverage unless it is shown that the individual:
• Is free from control or direction over the details of the performance of services by contract and in fact;
• Represents his or her services to the public as a self-employed individual or an independent contractor; and
• May substitute another individual to perform his or her services (WY Stat. Sec. 27-3-104).
The Wyoming Supreme Court has set out criteria for determining whether an individual is an employee covered by the state's wage claim statute, or an independent contractor who is not covered (Diamond B Servs. v. Rohde,

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More on this topic:

expand-collapse sectionEmployee or Independent Contractor?
expand-collapse sectionWorkers' Compensation Issues
expand-collapse sectionUnemployment Compensation Issues
expand-collapse sectionWage Claims
expand-collapse sectionAdditional Information

State Requirements

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Wyoming Independent Contractors Resources

Independent Contractors Products

Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call and Stay Out of Court""
Employee vs. Independent Contractor Webinar Recording
BLR Webinar: "Employee vs. Independent Contractor: Where’s the Line? How to Make the Proper Call""
Exempt or Nonexempt Webinar Recording
BLR Webinar: "Exempt or Nonexempt? Determining Employee Classification and Overtime Compensation""
Exempt vs. Nonexempt Webinar Recording
BLR Webinar: "Exempt vs. Nonexempt: How to Find and Fix Misclassification Mistakes""
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BLR Webinar: "Exemption Audits: Prepare Now for Stepped-Up DOL Enforcement""
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
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